Ballot Initiatives. Direct Democracy.
North Dakota's state constitution guarantees the right of citizens to change our laws and constitution through the initiated measure process. This toolkit explains what an initiative is, its importance, and how you can take action.
What is a ballot initiative?
State legislators are elected to make our laws, but North Dakota citizens can also make laws through ballot measures. A ballot measure is a proposed law submitted directly to voters for their approval.
The measures you see on your ballot can be local, countywide, or statewide. Measures can be placed on the ballot by a local government, by the state legislature, or by a citizen initiative.​​​​ The initiative process is a way for citizens to directly impact democracy.
Powers Reserved to the People
Our state constitution gives North Dakotans the power to change our constitution and state statutes through the initiated measure process. Not every state has this power enshrined in its constitution, so it's a powerful tool for North Dakotans to provide a check and balance on state government.
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"[T]he people reserve the power to propose and enact laws by the initiative, including the call for a constitutional convention; to approve or reject legislative Acts, or parts thereof, by the referendum; to propose and adopt constitutional amendments by the initiative; and to recall certain elected officials." - Section 1 of Article III
Why are ballot initiatives important?
When the Legislature Isn't Taking Action:
Citizen initiatives are important for addressing issues that the state legislature isn't addressing. In 2026, you may see a measure on your ballot to provide school lunches to K-12 students, since the legislature didn't act in previous legislative sessions. Citizens decided to take action and bring the issue directly to voters.
It's an opportunity for the public to make policy in an area where public opinion is moving but the legislature is not.
A Check on State Government:
The phrase "checks and balances" is repeated in high school social studies because it's essential to keeping the three branches of government in balance. We, the citizens of North Dakota, can provide checks and balances on our state legislative branch by proposing legislation that the legislature isn't taking action on.
Engaging Citizens in Democracy:
Direct democracy, like citizen initiatives, can engage North Dakotans civically. When the legislature isn't acting, ballot initiatives can engage citizens on an issue they care about. When citizens take part in the initiative campaigns, they gain skills, learn more about the issue, and engage both voters and even public officials on the issue. It's a way for citizens to get involved during election season.
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Long-Held Power of the People:
Initiative power has been enshrined in our state constitution since 1914, and every time a measure comes before voters to reduce their power to change our constitution, voters reject it. Not all states allow citizen initiatives, and North Dakotans have shown time and again at the ballot box that they want to keep their power to influence state government through the initiative process.
Citizen Initiative in Action
We have a state ethics commission, because of the citizen initiative process. When the legislature refused to take action for multiple legislative sessions, citizens took it into their own hands to form an ethics commission in North Dakota. In 2018, signatures were gathered for a petition, and the issue was placed on the ballot. A majority of North Dakota voters said yes, and we now have an ethics commission that oversees transparency, corruption, elections, and lobbying.
Types of Initiatives
Laws about the initiative process vary by state. Here in North Dakota, we have four types of citizen initiatives guaranteed by our state constitution:
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Statute Ballot Measure: Changes state law if approved by voters. Petitions require the signature of 2% of the population (currently, more than 15,000 signatures).
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Constitutional Ballot Measure: Changes the state constitution if approved by voters. Petitions require the signature of 4% of the population (currently, more than 31,000 signatures). The state legislature can also refer constitutional amendments to voters for approval.
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Referendum: Repeals a change of state law that was passed by the state legislature. Petitions require the signature of 2% of the population (currently, more than 15,000 signatures).
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Recall: Removes an elected official from office before the expiration of their term. Petition signature requirements are based on the type of race up for recall.
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Learn more about the initiated measure process on the Secretary of State's resource page.
North Dakota Secretary of State
The ND Secretary of State plays a key role in the initiative process. Initiative petitions must be approved by the Secretary of State before gathering signatures. The Secretary of State is also charged with writing a title for the petition and a summary of the measure to include on the ballot. It's important that they remain fair and neutral in their summary, because it plays an important part of how voters view the ballot measure.
How You Can Take Action
Ballot initiatives are a powerful channel for change. They give voters a direct channel to vote on policies that impact their lives and communities. They also provide citizens with an opportunity to address issues that may be overlooked or disregarded by state legislators. Here's how you can get involved:
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Volunteer for an Initiative
If you see an initiative happening statewide or locally on an issue you care about, reach out to the organizers. They need volunteers to gather signatures, write letters to the editor, present to groups about the issue, recruit more volunteers, and much more. There are so many ways to get involved in an initiative.
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Research Ballot Measures
Every election year, we have measures on the ballot that will impact people across the state, and we get many questions from voters about them. Become an expert! Research the ballot measures and share your findings with your friends and neighbors.
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Share VOTE411
We provide simple, straight-forward summaries of the statewide ballot measures in our voter guide on VOTE411.org, which is published 4-6 weeks before Election Day. Share VOTE411 to help voters in your community understand the measures before they vote.
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Consider Yourself a Lawmaker
As citizens, we have the power to make laws through the initiative process. Do you have an idea for a state law or a constitutional amendment? Reach out to an organization working on that issue to see if an initiative is in the works.
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Before starting an initiative: Speak to people who have organized an initiative before you start the process.​ It's much more work than people realize. It takes an abundance of time, energy, money, and people-power. Learn more about the process on the Secretary of State's resource page.
Defending the Initiative Process
The League of Women Voters defends direct democracy through advocacy and litigation. Below are a few examples:
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North Dakota Legislation: In the 2025 legislative session, two resolutions were introduced to weaken the power of the people to amend our state constitution. The first would implement a single-subject rule, and the second would increase the voter approval threshold for constitutional amendments. The North Dakota League (that's us!) gave testimony in opposition to both. Unfortunately, they both passed the legislature, and North Dakota voters will see them on the ballot in 2026.
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Utah Redistricting Initiative: In 2018, Utah voters passed Proposition 4 to create an Independent Redistricting Commission, then the state legislature gutted the new voter-approved law. The Utah League and Mormon Women for Ethical Government filed a lawsuit, which has led to the Utah state court rejecting the state legislature's recent redistricting maps.
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​Attacks on the Arkansas Initiative Process: In 2025, the Arkansas League filed a lawsuit asserting a series of laws restricting access to the ballot initiative system violated the US Constitution and Arkansas state constitution. November 2025: Victory in court.
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Advocating in North Carolina: The North Carolina League adopted a position in support of citizen initiatives . North Carolina citizens currently aren't guaranteed this right, and the NC League is now equipped to start working on passing legislation to add the initiative process to their state constitution.​​
North Dakota Resources
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ND Secretary of State:
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State Constitution Article III​​​​